Legal Opinion

Daly v. Kelley

Montana Supreme Court

Decided February 19, 1920No. 4,106PublishedCited by 7 opinions

Appeal from District Court, Missoula County; Asa L. Duncan, Judge, Action by Jesse Daly against W. L. Kelley. From a judgment for plaintiff and an order denying him a new trial, defendant appeals.

1Opinion of the CourtJustice Matthews

As appears from the record, appellant, Kelley, was sheriff of Missoula county, and one W. B Coffey was his deputy in charge *308of the office. On January 15, 1914, a writ of attachment was placed in Coffey’s hands and by him served by taking into his possession, as deputy sheriff, a considerable amount of personal property, and he thereupon posted on the property of the mining company, defendant, a notice of attachment, signed: “W. L. Kelley, sheriff. W. B. Coffey, Deputy Sheriff” — to which he added: “I have this day appointed Jess Daly as caretaker of. the above-attached property.” No order of…

2Cases cited5 opinions

  1. Boroughs v. PetersonUtah Supreme Court · 1911
  2. Allen v. IngallsNevada Supreme Court · 1910
  3. Krum v. KingCalifornia Supreme Court · 1859
  4. Chenowith v. CameronIdaho Supreme Court · 1895
  5. Foster v. RhinehartNew York City Court · 1890

3Cited by7 opinions

  1. Eskestrand v. WunderMontana Supreme Court · 1933
  2. Wilcox v. NewmanMontana Supreme Court · 1920
  3. Callan v. HampleMontana Supreme Court · 1925
  4. Puetz v. CarlsonMontana Supreme Court · 1961
  5. Noel v. CowanMontana Supreme Court · 1927

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